California Injury Blog
Dana Acosta, 22, was killed in a Long Beach car accident, which police say, involved a drunk driver. According to a news report in The Orange County Register, the fatal DUI collision occurred near Atlantic Avenue and Wardlow Road in Long Beach the night of April 1, 2011. Police say 29-year-old Heriberto Cervantes crashed his 1991 Toyota Camry into a palm tree after running a red light. He lost control of his vehicle attempting to avoid a 2005 Toyota Scion at the intersection. Acosta, a passenger in the Camry, suffered fatal injuries. Cervantes faces felony gross vehicular manslaughter and felony drunk driving charges.
My deepest condolences go out to the family and friends of Dana Acosta following this tragic DUI collision. My thoughts and prayers are with them during this difficult time.
DUI Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), nine people were killed and 186 were injured in Long Beach DUI collisions. During the same year, in Los Angeles County, there were 258 fatalities and 4,832 injuries reported involving alcohol-related crashes.
Drunk Driving Laws in California
Based on this news report, police say Cervantes was not only under the influence, but was speeding and ran a red light just before the collision. Under California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle under the influence of alcohol and/or drugs.
A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges. California Penal Code Section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
Liability Issues
In such cases, where negligence or wrongdoing is involved, families of deceased car accident victims would be well-advised to seek the counsel of a reputed Long Beach personal injury lawyer, who has the experience and a successful track record holding drunk drivers financially responsible. Families can file a wrongful death claim seeking compensation for medical and funeral costs, lost future income, loss of companionship and other related damages. For more information about the dangers of drunk driving, please visit the Mothers Against Drunk Driving web site at www.madd.org.
Lost a family member in a Long Beach car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Long Beach DUI accident. Call 800-259-6373. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys Long Beach wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.